(a)  Deemed status shall not prohibit the department from taking any licensing action it deems necessary.

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Terms Used In Rhode Island General Laws 40.1-24-7

  • Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-24-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(b)  The department, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing.

(c)  On the basis of any hearing, or upon default of the applicant or licensee, the department shall make a determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within the thirty-day (30) period, appeals the decision to the superior court, pursuant to § 40.1-24-8. The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.

(d)  A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to § 40.1-24-8. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.

History of Section.
P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-7; P.L. 1979, ch. 39, § 1; P.L. 2006, ch. 216, § 31; P.L. 2011, ch. 152, § 3; P.L. 2011, ch. 171, § 3.